44th Parl. 1st Sess.
November 24, 2022 10:00AM
- Nov/24/22 4:32:57 p.m.
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- Re: Bill S-4
Madam Speaker, I thank my colleague for her speech. I have the pleasure of sitting with her on the Standing Committee on National Defence, among others.
She spoke at length about victims' rights. We know that victims are generally witnesses, not parties, in criminal hearings. There may be some work to do on this. However, one of the potential positives that could come of Bill S‑4 is a reduction in wait times for cases to be heard. Victims may not have to wait as long to know the outcome of a case.
Would my colleague agree that this is at least a step in the right direction for victims?
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- Nov/24/22 4:33:30 p.m.
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- Re: Bill S-4
Madam Speaker, the courts are clogged up because the Liberal appointed activist judges keep letting murderers, rapists and pedophiles out early, if they even get sentenced to prison at all. That is the reason for the backlogs.
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- Nov/24/22 4:33:57 p.m.
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- Re: Bill S-4
Madam Speaker, I share the dismay of my Bloc colleague across the way at how little of the speech we just heard dealt with the actual content of Bill S-4, but perhaps I will ask a question about one of the opening statements, which was that it is always about protecting criminals, never victims.
This is particularly ironic because resolving backlogs and ensuring the timely carriage of justice, the topics of Bill S-4, are very much in the interest of the victims of crime, who the member seems so concerned about. Would she not agree? Perhaps she could take 30 seconds to breeze through where she stands on the content of the bill.
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- Nov/24/22 4:34:43 p.m.
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- Re: Bill S-4
Madam Speaker, the content of the bill is not going to do anything for the victims of crime. There is a constant revolving door of criminals through the justice system. Repeat offenders come in time after time, and then the government cracks down on lawful firearms owners every time there is another mass shooting, or even one shooting.
Then we find out that, statistically, since they have been cracking down on lawful firearms owners, shootings have gone up. There was a Statistics Canada report on this huge increase in shootings the very day the government announced another crackdown on lawful firearms owners.
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- Nov/24/22 4:36:48 p.m.
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- Re: Bill S-4
Madam Speaker, my hon. colleague spoke a lot about the revolving door situation in our criminal justice system, and I have a private member's bill, which I call the “end the revolving door” act. It has to do with getting people who have been sentenced to federal penitentiaries into addiction treatment and recovery.
I am wondering if she could maybe speak to how that is one piece that might be helpful for people to help end the revolving door.
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- Nov/24/22 4:36:56 p.m.
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- Re: Bill S-4
Madam Speaker, I am pleased to rise today to speak to Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other acts (COVID-19 response and other measures).
The judicial system has been facing a series of delays in cases proceeding to trial, which has been made worse by the COVID-19 pandemic. The Conservatives have raised concerns about the delays and the potential for criminals to walk free due to the Supreme Court's Jordan decision, which said that no more than 18 months can pass between the laying of a charge and the end of trial cases in provincial courts, or 30 months for cases in superior courts.
We have raised our concerns over the delays in the judicial system a number of times during the pandemic, both in the House and through the media, so it is good that the Liberals are finally listening. I understand that sometimes they have different priorities.
The court system scrambled to adapt and learn how to function during the pandemic, and it was obvious that changes were needed. I could have made this speech at the height of the pandemic, when the need was very urgent. The government recognized the need then and introduced Bill C-23, but it was obviously not a priority. That bill died on the Order Paper when the House was dissolved by the Liberals for their unnecessary election. However, as with many efforts of the government, I suppose we can consider it to be better late than never, though it seems sometimes that on truly pressing issues, such as inflation, for the Liberals to do anything, it is more never than late.
It is indeed important to support the courts in the technological transition that has been stimulated by the COVID-19 pandemic. It is also important to be as prepared as possible for a future pandemic or similar disruptions.
In the past two years, we have all discovered new ways of doing business. Some of those ways have been beneficial, others arguably not as much. So too is the case with this bill.
For justice to be truly done, it must be seen to be done. Any citizen has the right to attend court and observe the proceedings. In the past, that has naturally been a right that could be limited by the physical space of the courtroom. Allowing virtual proceedings would change that limitation while bringing with it the issue of controlling the dissemination of images from the proceedings. We have gone from cameras not being allowed into a courtroom to everyone having the ability to take screenshots or even videos of the proceedings.
There is no doubt that the COVID-19 pandemic has been felt throughout our criminal justice system. Problems that perhaps we did not realize we had have been brought into focus. A modernization of the system is long overdue. The pandemic has shown us that action is very necessary now.
With the technological tools that are now available to us, it makes sense to allow, as this bill would, peace officers to apply for and obtain a warrant using telecommunications rather than having to appear in person before a judge. This would not take away from the necessity of the officer to answer any questions as to whether the warrant is really necessary. The legal necessities would not change, but there is a savings to the taxpayer and the environment in the officer not having to drive to appear before a judge.
We are all aware that the criminal justice system has been subjected to delays in proceedings, and sometimes that was exacerbated by the pandemic. While justice delayed is justice denied, no one wants to see a criminal walk free because the system could not bring them to trial fast enough.
The reforms suggested in this bill are small but incremental. It is important to remember that the fundamentals of justice would still be being observed, and that the increased use of teleconferencing in the courts would not take away from the fundamental rights of the accused to appear in person, but many, given the choice, might prefer to appear by video conference. This, incidentally, could reduce their legal fees since their lawyer would not have to be with them at the courthouse waiting for their case to be called.
One thing that concerns me with these reforms is the issue of fairness. I am not sure how the government can address that. Appearing by video in court proceedings requires access to technology that, at this point, is not available to every Canadian. Not everyone has the financial resources to own a computer. Not everyone has high-speed Internet access available to them. Certainly, the government does not have the resources to provide that.
At the same time, I recognize that there are other different burdens that come with having to make a court appearance in person that could bring with it the expense and hardship of travel. I am not certain how we can provide equal access to the justice system for all Canadians, but I know we have to try to keep improving the system until we get it right.
One area where I have serious concerns is the proposal in the bill that would allow the jury selection process to be done by video conference in some circumstances. While this would certainly make it less onerous for prospective jurors to take part in the selection process from their home or workplace, it does raise some privacy concerns. While technology makes remote appearances possible, technology could also be used to subvert the process, not to mention the right of an accused to see those who are to pass judgment on his or her case.
In Canada, an accused has a right to be tried by a jury of his or her peers, but there are times when, for security reasons, the jurors are anonymous. With the availability of facial recognition software, it is easy to imagine that prospective jurors appearing by video conference could be easily identified. This could leave them open to harassment or attempts to influence a jury's decision. That may sound unlikely, but if we are concerned for the administration of justice, it must be considered. Has the government considered how to deal with this issue?
This bill is not perfect, but neither is our justice system. The question we as parliamentarians must ask ourselves is this: Does the legislation make positive improvements to the administration of justice in our country, even if it is not perfect? If so, then we should probably support it.
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- Nov/24/22 4:36:56 p.m.
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- Re: Bill S-4
Madam Speaker, I know people who want to have drug treatment but cannot get into a treatment facility, and they commit crimes because that is the only way they can get access to treatment. Instead of funnelling tons of money to these harm-reduction centres, we need to find a way to get more treatment to people who are not breaking the law.
I must say that the bill my hon. colleague has put forth through Private Members' Business is certainly more meaningful. It would have more impact on people's lives and would prevent crimes from happening in the first place if people receive treatment. It is certainly more effective than Bill S-4, so I wish that had come first.
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- Nov/24/22 4:36:56 p.m.
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It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Haldimand—Norfolk, Infrastructure; the hon. member for Calgary Centre, Taxation; and the hon. member for Bruce—Grey—Owen Sound, Taxation.
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- Nov/24/22 4:45:47 p.m.
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- Re: Bill S-4
Madam Speaker, the legislation, and I have made reference to this in the past, very much recognizes the advancement of technology and how we can make our judicial system better by providing legislation that would allow, in a very formal way, video conferencing.
By doing that, one would like to think we would be providing a very viable option that would no doubt be well utilized. I wonder if my colleague could provide further thoughts on that, because he made reference to technological advancements in court proceedings being televised, and so forth. This is all a step forward in the right direction, which is one of the reasons why it is so important to pass the bill, so we can get it to committee to hear the stakeholders.
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- Nov/24/22 4:46:54 p.m.
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- Re: Bill S-4
Madam Speaker, I referred to it with respect to justice, and hopefully all Canadians would have equal opportunities to use technology and that must be provided, especially in rural areas. With respect to the level of technology that is available to make this bill specifically of better use to Canadians, and to make justice fair, we need to be more technologically fit. We need more Internet, especially in rural areas.
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- Nov/24/22 4:47:37 p.m.
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- Re: Bill S-4
Madam Speaker, I want to thank my friend down the way for his speech, for his thoughtful reflections on the bill and for the insights he shared with the House.
The member had some reservations about the use of video conferencing or teleconferencing for the selection of jurors, and I am not sure I quite understood what his reservations were. Could my friend elaborate a little on what those concerns might be?
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- Nov/24/22 4:48:08 p.m.
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- Re: Bill S-4
Madam Speaker, we spoke earlier about cybersecurity, which I think is a bill that will be discussed too. However, any time we use technology, there is a risk of someone breaking through, and they may see the selection of jurors, which has to be anonymous for the protection of the people who get selected to be jurors.
It is an observation, but I hope that a bill such as this would be equipped with the proper tools and a high-tech level of protection, so that when a juror gets selected or people get selected to testify, witness or judge, at least they will have that needed protection, because I think that is at the heart of our judicial system.
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- Nov/24/22 4:49:00 p.m.
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- Re: Bill S-4
Madam Speaker, earlier on in the member's speech, he spoke about the delays in the courts and the justice system, and how that is playing out and can affect communities while people are waiting. There are a lot of delays, and in fact there might be deadlines that are not met.
I wonder if the member could speak a little more about that, how he saw it, especially during the time of the pandemic, and if in fact a lot of that has been caught up as the courts got back up and moving again.
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- Nov/24/22 4:49:43 p.m.
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- Re: Bill S-4
Madam Speaker, we have heard a lot of stories. In my constituency office I was approached by several people who had the same concern over the timing. Again, it is the job of the government and lawmakers to provide all the tools needed so we do not end up facing these circumstances.
As I said earlier, justice should be in the justice system itself, which is why there will always be a demand to provide the proper tools to make sure everyone gets the same, equal opportunity.
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- Nov/24/22 4:50:25 p.m.
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The question is on the motion.
If a member of a recognized party present in the House wishes that the motion be carried or carried on division, or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
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- Nov/24/22 4:51:25 p.m.
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Madam Speaker, we request that the motion pass on division.
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- Nov/24/22 4:51:37 p.m.
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Madam Speaker, I suspect if you were to canvass the House at this time, you might find unanimous consent to call it 5:30 p.m. so that we can begin private members' hour.
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- Nov/24/22 4:51:37 p.m.
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I therefore declare the motion carried on division.
The hon. parliamentary secretary on a point of order.
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- Nov/24/22 4:51:52 p.m.
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Is it agreed?
Some hon. members: Agreed.
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Madam Speaker, I am pleased to rise this evening to speak to Bill S‑219, an act respecting a national ribbon skirt day.
This bill had already been introduced in the last Parliament by the same sponsor, a non-affiliated senator from Manitoba, Senator Mary Jane McCallum. It was Bill S‑227 at the time. As we know, it died on the Order Paper when the 2021 election was called.
Passing this bill would create a national ribbon skirt day to be held every year on January 4, although it would not be a statutory holiday.
The Bloc Québécois is in favour of Bill S‑219, given that it aligns with our party's general position. We are committed to being an ally of first nations, particularly by favouring nation-to-nation dialogue. It also aligns with the process of reconciliation with indigenous peoples. Moreover, it respects Quebec's areas of jurisdiction.
By way of background, I would like to explain that a ribbon skirt is a deeply symbolic garment, a bit like the orange shirt that symbolizes recognition of residential school survivors. Ribbon skirts are long skirts decorated with coloured ribbons on the lower portion. Different nations have their own colours and designs, but one thing they all have in common is that they speak to an unshakable pride. Much like the Scottish red tartan kilt, each nation has its own pattern.
The ribbon skirt is a centuries-old spiritual symbol of womanhood, identity, adaptation and survival. It is a way for women to honour themselves and their culture. It represents a direct connection to Mother Earth and its sacred medicines.
Designating this day would also pay special tribute to indigenous women as life-givers entrusted with traditional knowledge to care for their families, their communities and the environment.
Celebrating this symbol would be a way to recognize the fact that indigenous culture, tradition and ceremony, including indigenous ties to language and the land, are critical to the vitality and well-being of Canada's first peoples.
During the debate on Bill S‑219 in the Senate, the bill's sponsor was generous enough to share some statements her office had received. I believe it is important that these words be heard here in the House of Commons as well. That is why I am going to read them.
The first statement is from a 10-year-old indigenous girl from Saskatchewan. She says the following:
My name is Isabella Susanne Kulak and I would like to start off by telling you what the ribbon skirt means to me. The ribbon skirt represents strength, resiliency, cultural identity and womanhood. When I wear my ribbon skirt I feel confident and proud to be a young indigenous girl.
When I was 8 years old I was gifted my very own ribbon skirt from my auntie Farrah Sanderson. I wore it with pride and honor to my traditional ceremonies and pow wow's. On December 18th 2020 it was formal day at Kamsack Comprehensive Institute where I attend school, so I chose to wear my ribbon skirt just like my older sister Gerri. When I got to school a teacher assistant commented on it and said it didn't even match my skirt and maybe next formal day I should wear something else like another girl was wearing and pointed at her.
Those words made her feel pressured to be someone she was not. She eventually took off her skirt as she felt shamed. She added:
Today I no longer feel shamed and I feel proud and powerful enough to move mountains because I know that people from around the world are standing with me. I am very grateful to be Canadian, to be Indian and to represent my people by wearing my ribbon skirt proudly! Thank you to Senator McCallum and to all the people who supported me from around the world, from Canada and from all the First Nations across the nations of the earth.
The chief of the Cote First Nation, the home of Isabella Kulak, also shared a statement with the senator's office. He said, and I quote:
On behalf of Cote First Nation, we are honored to have January 4th as National Ribbon Skirt Day across our great Nation. Bella Kulak has demonstrated the importance of sharing our culture to other nations. Our First Nations, Metis, Inuit women are a symbol of life givers and their resilience in looking after the home fires is our strength to move forward. We thank Senator McCallum for bringing forward such a recognition and encourage all Parliamentarians to offer their support for this bill in the year of Truth and Reconciliation. Meegwetch from the Saulteaux First Nations of Treaty 4 Territory.
These testimonies confirm that Bill S‑219 deals with an initiative that is very important to many indigenous peoples and communities.
This is what the sponsor of the bill had to say:
[T]his bill aims to provide social justice for Bella and other young Indigenous youth who must struggle against racism, colonialism and gender violence in their day-to-day lives. By keeping this request for a national day of recognition situated within a framework generated from and led by the Cote reserve, it ensures that the families' and communities' tradition and intergenerational knowledge is secure while they're navigating modern Indigenous struggles. This also helps to resist the colonial images of Indigenous women, girls and transgender peoples. The acts of resistance by women — including mothers, aunts, grandmothers, sisters and friends — against ongoing violence and colonialism is very important, as their resistive acts are models for young Indigenous girls. They are acts against cultural genocide. Both mother and daughter are no longer willing to leave their spirits at the door and are ready to take that challenge to a different level that is bringing ceremony to everyday living, not only in their home but taking it to the outside world.
The Bloc Québécois has repeatedly reiterated its commitment to being an ally to the first nations. That is why it is voting in favour of this bill in principle, since it responds to article 15.1 of the United Nations Declaration on the Rights of Indigenous Peoples and it partially responds to call for justice 15.2 of the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.
When I travel from town to town in my vast riding of Abitibi—Baie-James—Nunavik—Eeyou, I often see posters with photos of missing girls. That also happens in Val‑d'Or. It is unbelievable. In Lac‑Simon, there are the Kitcisakik, Mistissini, Waswanipi and Oujé‑Bougoumou communities. We have to protect these young girls. We also see photos of these missing girls on social media, and it is unfathomable. For the families who are looking for their daughters, it is hard to imagine that this is still happening in this day and age, especially when it comes to indigenous women and girls.
There are also two paragraphs that line up with what the Bloc stands for. Our party advocates for reconciliation, which is defined as the establishment of a renewed relationship with indigenous peoples based on the recognition of rights, respect, co-operation and partnership.
Furthermore, Bill S‑219 refers to call for justice 2.1 of the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, which calls “upon all governments to acknowledge, recognize, and protect the rights of Indigenous Peoples to their cultures and languages as inherent rights, and constitutionally protected as such under section 35 of the Constitution [Act, 1982]”.
By supporting the creation of national ribbon skirt day, the Bloc Québécois is reasserting its position as an ally of first nations, because this day will highlight a distinctive element of indigenous culture in Canada and stimulate public dialogue about national history.
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